Human Trafficking Flashcards
What are the three responsibilities of the NZ police?
Prevention, protection and prosecution
What is section 98C(1)
Everyone who arranges for an unauthorised migrant to enter NZ or any other state if he or she
(a) does so for a material benefit and
(b) either knows that the person is or is reckless as to whether the person is an unauthorised migrant
What is section 98C(2)
Every one who arranges for an unauthorised migrant to be brought to New Zealand or any other State, if he or she—
(a)
does so for a material benefit; and
(b)
either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and
(c)
either—
(i)
knows that the person intends to try to enter the State; or
(ii)
is reckless as to whether the person intends to try to enter the State.
What is the penalty for a charge under section 98C?
20 years imprisonment or $500,000 fine or both
For section 98C under subsection (1) and (2) can they be charged if the migrant did not enter into NZ?
Yes
What is the offence title for 98C?
Smuggling migrants
What is 98D(1)?
Every person who arranges, organises, or procures
the entry of a person into, or the exit of a person out of, New Zealand or any other State or the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State for the purpose of exploiting or facilitating the exploitation of the person; or knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both
What is the penalty for section 98D?
20 years imprisonment or $500,000 fine or both
When can proceedings be brought against a person in relation to section 98D other then when the offence is fully completed?
Proceedings may be brought under this section even if—
(a)
parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:
(b)
the person exploited, coerced, or deceived—
(i)
did not in fact enter or exit the State concerned; or
(ii)
was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.
Definition of exploit
exploit, in relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in—
(a)
prostitution or other sexual services:
(b)
slavery, practices similar to slavery, servitude, forced labour, or other forced services:
(c)
the removal of organs.
List the differences between migrant smuggling and people trafficking
- consent
- the purpose of the travel or movement
- relationship between person moved and people enabling the movement
- violence, intimidation or coercion
- liberty
- profit
What are the three investigation approaches?
Reactive approach
Proactive approach
Disruptive approach
What action is taken in the reactive approach?
victim led and often initiated by an approach to police by the victim or another person acting on behalf of the victim
What action is taken in the proactive approach?
Police led. Combo of standard investigation practices supplemented by intelligence resources to id and locate traffickers, gather evidence and instigate proceedings against them
What action is taken in the disruptive approach?
Appropriate in circumstances where level of risk to victim requires immediate response
